Memo from Hershkoff to Counsel Re: Jencks Memo; from Lado to Chambers Re: Attorneys Fees
Correspondence
September 17, 1990
2 pages
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Case Files, Sheff v. O'Neill Hardbacks. Memo from Hershkoff to Counsel Re: Jencks Memo; from Lado to Chambers Re: Attorneys Fees, 1990. f7df0dac-a146-f011-877a-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d1861927-b5f7-4380-b408-ed032503732a/memo-from-hershkoff-to-counsel-re-jencks-memo-from-lado-to-chambers-re-attorneys-fees. Accessed November 02, 2025.
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New York, NY 10036
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Norman Dorsen
PRESIDENT
MEMORANDUM Ira Glasser
EXECUTIVE DIRECTOR
Eleanor Holmes Norton
CHAIR
TO: Sheff Team NATIONAL ADVISORY COUNCIL
i Helen Hershkoff
FROM: Helen Hershkoff# % ion
DATE: September 17, 1990
3 Christopher Jencks
Enclosed is a law student memo summarizing critiques of
Christopher Jencks' Inequality. The articles are on file at the
ACLU. A memo on Jencks' more recent book is also being prepared
and will be distributed as soon as it is available.
MEMORANDUM
To : Julius LeVonne Chambers
From : Marianne Lado
Date : September 6, 1990
Re : Attorneys Fees in Sheff v. O'Neill
Enclosed please find a copy of Doe Vv. State of
Connecticut, a decision rendered by the Connecticut Supreme Court
in July, 1990. Wesley Horton, who argued Doe and is LDF co-
counsel in Sheff, interprets Doe as precluding an award of
attorneys fees in our case.
In Doe, the Connecticut court concluded that the first
article, §10 of the state constitution, which provides, "All courts
shall be open, and every person, for an injury done to him . .
shall have remedy . . .," does not create a right to attorney's
fees. 216 "Conn. 85, . 106 (1990). The court, further, rejected
arguments for the adoption of a "private attorney general" doctrine
or "substantial benefit" standard for the award of attorney fees.
216 Conn. at 108-109. Plaintiffs in Sheff have no other
independent statutory basis for an award of fees.
Please let me know if Doe raises any questions.
MEL A¢E€A4
MEL: ja
Enclosure
co : Steve Ralston
Ron Ellis V